RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00306
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 JUN 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His narrative reason for separation should be changed to a medical
reason.
In support of his application the applicant provided a copy of DD Form
214, Certificate of Release or Discharge from Active Duty and a copy
of Department of Veterans Affairs Disability Rating Decision, dated 24
July 2006.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
11 August 1972, for a term of 4 years. On 29 August 1984, the
applicant's commander notified him that he was recommending he be
discharged from the Air Force for a pattern of misconduct. The
commander recommended he receive an under other than honorable
conditions (UOTHC) discharge.
The bases for the commander’s recommendation were that:
a. On 28 June 1984, he received an Article 15, for being
apprehended by the security police for operating a passenger car while
drunk.
b. On or about 18 November 1982, he was verbally
counseled for cashing a check at the NCO Open Mess, with insufficient
funds in his checking account.
c. On or about 15 November 1982, he was verbally
counseled for cashing a check at the NCO Open Mess, with insufficient
funds in his checking account.
d. On or about 20 May 1982, he was verbally counseled for
cashing a check at the NCO Open Mess, with insufficient funds in his
checking account.
e. On 1 February 1982, he received an Article 15, for
being disrespectful towards a senior noncommissioned officer and
failure to report to his place of duty.
f. On 6 August 1981, he received a Letter of Counseling
(LOC), for being delinquent to the NCO Open Mess.
g. On or about 2 April 1981, he was verbally counseled for
cashing a check at the NCO Open Mess, with insufficient funds in his
checking account.
h. He also received a Letter of Reprimand (LOR), for
failure to make satisfactory progress in the Weight Management Program
(WMP), 4 returned check notices, 6 LOCs and 2 additional LORs for
unsatisfactory progress in the WMP between 2 April 1981 and 26
September 1983.
He acknowledged receipt of the notification of discharge, and after
consulting with counsel offered a conditional waiver of his rights
associated with an administrative discharge board hearing contingent
upon receipt of no less than a general (under honorable conditions)
discharge.
The discharge case was reviewed by the base legal office and found to
be legally sufficient to support discharge. He also recommended
applicant’s conditional waiver be accepted and he be discharged with a
general (under honorable conditions) discharge without probation and
rehabilitation (P&R).
The discharge authority approved the separation and directed he be
discharged with a general (under honorable conditions) discharge
without P&R. Applicant was separated on 15 October 1984, under the
provisions of AFR 39-10, Administrative Separation of Airmen for
(misconduct-pattern of conduct prejudicial to good order and
discipline) and received a general (under honorable conditions)
discharge. He served 11 years, 5 months and 18 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report, which is
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation
on file in the master personnel records; the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation. The discharge was within the discretion of the discharge
authority. The applicant did not submit any evidence or identify any
errors or injustices that occurred in the discharge processing, nor
did he provide any facts warranting a change to his character of
service or narrative reason for separation.
The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
23 April 2007, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. The discharge appears to be in
compliance with the governing regulation, and we find no evidence to
indicate his separation from the Air Force was inappropriate.
Further, we find no evidence of error in this case and after
thoroughly reviewing the evidence of record, we do not believe he has
suffered from an injustice. The only other basis upon which to
upgrade his discharge would be clemency. However, we have considered
the applicant’s overall quality of service, the events which
precipitated the discharge and the evidence related to his post-
service activities and accomplishments. On balance, we do not believe
that clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-
00306 in Executive Session on 11 September 2007, under the provisions
of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Josephine L. Davis, Member
Mr. Elwood C. Lewis III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 2 Aug 07.
Exhibit D. Memo, AFPC/DPPRS, dated 5 Apr 07.
Exhibit E. Letter, SAF/MRBR, dated 23 Apr 07.
WAYNE R. GRACIE
Panel Chair
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